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New Mexico Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for New Mexico on
Q: New Mexico Appeals Court dismissed a case due to late filing. Can Appellant file a motion to reinstate the case?

Appellant erred by filing appeal of an Administrative Hearing officers order with District Court. At District Court hearing Judge gave appellant an additional 30 days to correctly submit appeal to NM Appeals Court. Appeals Court dismissed the case for late filing.

Tim Akpinar
Tim Akpinar
answered on Jul 21, 2023

A New Mexico attorney could advise best, but your question remains open for four weeks. At this point, if you haven't already done so, you could try to arrange a free or brief and limited consult to determine if there are any issues that could still be raised. Good luck

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New Mexico on
Q: Can a 2nd degree murder conviction risk becoming a 1st degree conviction upon appeal?
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Aug 10, 2022

Ordinarily, no. The conviction is the conviction. Perhaps, if the result on appeal is a vacating of the conviction, then maybe you are at square one--but the double jeopardy clause can perhaps be applied in that scenario.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Public Benefits for New Mexico on
Q: is it posible for me to file a civil complaint on nm work force solutions for violating my equil opertunity rights
Tim Akpinar
Tim Akpinar
answered on Dec 13, 2021

A New Mexico employment law attorney might be able to advise best here, but your question remains open for four weeks. You could repost and add "Employment Law" as a category. There's no guarantee all posts are picked up. If still no response, you could reach out to NM employment law... View More

1 Answer | Asked in Consumer Law, Appeals / Appellate Law and Arbitration / Mediation Law for New Mexico on
Q: In new mexico, after fee arbitration fails, which court handles the appeals, district or magistrate?

Had arbitration through NM Bar for attorney/client dispute over fees. Was never given a fee agreement and paid cash to the attorney, Went to arbitration under a voluntary attorney assigned by the bar. Arbitrator ruled against me , I objected to the matter, I am being ignored and have received no... View More

Charles William Michaels
PREMIUM
Charles William Michaels
answered on May 5, 2020

It depends on if the arbitration agreement or arbitration procedure provides for any appeal, most do not. If any appeal is to be filed, I would say New Mexico trial court, but I have no experience with NM arbitration rules.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Intellectual Property for New Mexico on
Q: Why can't I find an attorney to take my case. City Council is going to demolish my home for no reason.

I have 4 different licensed contractors say it doesn't need to be demolished. I had 2 licensed contractor try to pull a permit and was denied. I just want to remodel this home and live in it. I go to court tomorrow, on city wanting to dismiss it. My hearing is set for April 9th, if it's... View More

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2020

If you had your April 9th hearing already, it could be a moot point, but attorneys might be apprehensive about charging for services where they have difficulty in predicting an outcome. You could keep trying. Another issue is that the health crisis has paralyzed court operations and professional... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for New Mexico on
Q: What is the maximum time a state can carry a detainer on an individual that has been incarcerated in another state?

Detainer is 13 yrs old and IAD violated 4 times.

Gary Kollin
Gary Kollin
answered on Oct 9, 2019

Asking the same question more than once?

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New Mexico on
Q: I put in appeal and was wondering if it goes with the judge that sentenced you or does it go to the appeals court
Glenn B. Manishin
Glenn B. Manishin
answered on Feb 10, 2017

If the sentencing judge was on a New Mexico district court, your appeal can only be taken to the N.M. Court of Appeals. Their "self-help" guide is at http://www.nmcourts.gov/Self-Help/self-help-guide.aspx, but I would strongly recommend hiring an appellate lawyer in New Mexico to represent you.

1 Answer | Asked in Appeals / Appellate Law for New Mexico on
Q: I am trying to appeal a case and the lawyer for the case does not want to take it. What can I do

I asked him to write a letter dismissing himself and hasnt done that and thats the only way I can file and the clerks office. I deep need of some help!!

Glenn B. Manishin
Glenn B. Manishin
answered on Jan 20, 2017

In most states you can represent yourself "pro se" unless a corporate entity is the party. In New Mexico you are allowed to do so on appeal under Rule 12-302 NMRA. Since the lawyer has not withdrawn, file the notice of appeal (and pay the filing fee) yourself under Rule 12-201 NMRA,... View More

1 Answer | Asked in Appeals / Appellate Law for New Mexico on
Q: Won civil case ex landlord owes 662 for not complying with state law she appeal to same judge do we go back to court
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 11, 2015

That was probably a motion for rehearing.

1 Answer | Asked in Appeals / Appellate Law for New Mexico on
Q: How do I file a response to an appeal?

Someone filed an appeal for my order of protection case. How do i file d a response? What form do i use?

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 9, 2015

Find an attorney, not a form.

1 Answer | Asked in Appeals / Appellate Law for New Mexico on
Q: I received an 'Order of Nondetermination'. Where do I go to appeal this Order?

I need to file a notice of appeal. Where can I get a form to start this process?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 28, 2015

It is probably way too late to answer this question.

1 Answer | Asked in Appeals / Appellate Law for New Mexico on
Q: How soon after an appeal is filed can you get an appeal bond
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 24, 2015

Ask your appellate attorney this question. Or have you found an answer to it?

1 Answer | Asked in Appeals / Appellate Law for New Mexico on
Q: My husband is incarcerated and his attorney was not present, what is the best way to go about an appeal?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

You needed an attorney to answer this question back when you asked it. Appeals are quite limited. There may not have been grounds to appeal, but only an appellate criminal defense attorney who has read the entire transcript and who knows all the facts can assist. Still, there might be a chance at... View More

1 Answer | Asked in Appeals / Appellate Law for New Mexico on
Q: How do I file a response to an appeal?

Restraining order case. I have looked all over the court sites for a form. Not sure where to find one. I need to respond to an appeal for the ruling of a restraining order.

Timothy Alan Provis
Timothy Alan Provis
answered on Dec 18, 2013

There is no form for a response to an appeal in any state. After the notice of appeal is filed then briefs on the legal issues must be filed. The appealing party's brief is due first. If you have received such a brief, then you must file an answering brief. If you don't think you can... View More

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